LAS VEGAS (KSNV) — As Las Vegas Metro Police continue investigating a suspected home invasion case that left a suspect dead early Thursday morning, News 3 talked to local attorney Joseph Gersten of The Gersten Law Firm, who specializes in Criminal defense and Nevada Gun law about the rights homeowners have when it comes to protecting oneself while at home.
Gersten says cases where a victim opens fire against a suspected intruder vary, but in the incident that left an adult male dead, early Thursday morning, Gersten says it could be seen as self-defense.
“You are presumed essentially innocent if you’re in your own home and somebody comes in to commit a crime,” Gersten said.
According to Las Vegas Metropolitan Police Department investigators around 7:30 Thursday morning, the residents at a home along Placer Drive near Torrey Pines and Harmon Avenue called 9-1-1 on a suspect who had just broken the glass to their front door and was attempting to break into their home.
“The male was acting extremely irrationally and was not listening to what they were telling him. As they continued to tell him to leave the property at which time he moved towards the doorway where they were at, at where the homeowner felt the need to shoot the male,” said LVMPD Homicide Lieutenant Jason Johansson.
“As officers were dispatched towards this location, our dispatcher heard a shot being fired over the 9-1-1 call and the people who called 9-1-1 relayed that they had just shot the male who tried to break into their house,” Lt. Johansson added.
Once officers arrived at the scene they located the suspect, who is believed to be around 30-40 years old, suffering from a gunshot wound.
“Medical arrived shortly after and transported him to University Medical Center where unfortunately he was pronounced deceased,” said Lt. Johansson.
Gersten, says when it comes to ‘stand your ground laws’ in the state, Nevada has three main components ensuring homeowners are protected.
“You’re allowed to stand your ground as long as you’re not the original aggressor. Meaning you didn’t bring the fight to wherever it is, you have a right to be present where the deadly force is used. So you’re not a trespasser or an unwelcome guest, something like that; and lastly you’re not engaged in legal conduct yourself,” Gersten added.
Essentially, Gersten says Nevada law gives victims the presumption of a justifiable homicide if the danger is imminent at the time the incident occurs.
“To avoid any issue all you need to do is close your door right? Close your door and call the police. So, again if the danger comes to you, you’re doing good. If the danger is something that you go to; not so good. That is where the laws will sort of turn on you.” Said Gersten.
LVMPD says no arrests were made in the case. However, police say once the investigation is complete, then it will be up to the Clark County’s District Attorney to determine whether charges will be filed.
A recent Review-Journal letter to the editor mischaracterized Sen. Catherine Cortez Masto’s Southern Nevada Economic Development and Conservation Act, also known as the Clark County Lands bill. As the former executive director of the Nevada Conservation League, I wholeheartedly support this legislation, so I wanted to set the record straight.
Sen. Cortez Masto has been working on this bill for years in partnership with state and local governments, conservation groups like the NCL and local area tribes. It’s true that the Clark County lands bill would open 25,000 acres to help Las Vegas grow responsibly, while setting aside 2 million acres for conservation. It would also help create more affordable housing throughout the valley while ensuring our treasured public spaces can be preserved for generations to come.
What is not correct is that the money from these land sales would go to the federal government’s coffers. In fact, the opposite is true.
The 1998 Southern Nevada Public Lands Management Act is a landmark bill that identified specific public land for future sale and created a special account ensuring all land sale revenues would come back to Nevada. In accordance with that law 5 percent of revenue from land transfers goes to the state of Nevada for general education purposes, 10 percent goes to the Southern Nevada Water Authority for needed water infrastructure and 85 percent supports conservation and environmental mitigation projects in Southern Nevada. This legislation has provided billions to Clark County and will continue to benefit generations of Southern Nevadans. Sen. Cortez Masto’s lands bill builds upon the act’s success.
So here’s the good news: All of the money generated from land made available for sale under Sen. Cortez Masto’s bill would be sent to the special account created by the 1998 law. Rather than going to an unaccountable federal government, the proceeds would continue to help kids in Vegas get a better education, bolster outdoor recreation and modernize Southern Nevada’s infrastructure.
I know how important it is that money generated from the sale of public land in Nevada stay in the hands of Nevadans, and so does the senator. That’s why she opposed a Republican effort last year to sell off 200,000 acres of land in Clark County and other areas of the country that would have sent those dollars directly to Washington.
Public land management in Nevada should benefit Nevadans. We should protect sacred cultural sites and beloved recreation spaces, responsibly transfer land for affordable housing when needed and ensure our state has the resources it needs to grow sustainably. I will continue working with Sen. Cortez Masto to advocate for legislation, such as the Clark County lands bill, that puts the needs of Nevadans first.
Paul Selberg writes from Las Vegas.
click to expand photos
Las Vegas High’s baseball team claimed a 3-2 home win over Coronado on Friday.
Las Vegas (9-13-1) next hosts Rancho at 10 a.m. Saturday. Coronado (13-14) hosts Chaparral at 3:30 p.m. Monday.
Contact Alex Wright at awright@reviewjournal.com. Follow @AlexWright1028 on X.
LAS VEGAS (FOX5) — Nevada’s jobless rate is holding steady, but the state is still adding jobs.
A new report from DETR shows February’s unemployment rate unchanged at 5.3 percent, with the labor force growing by nearly 3,800 people.
MORE ON FOX5: Nevada unemployment rate rises to 5.3% in January
Nevada now has about 1.6 million nonfarm jobs, up 2.2 percent over the past year and 1,500 more jobs than in January.
“This month’s report shows a strengthening labor market,” said David Schmidt, Chief Economist. ”Compared to the report for January, the pace of job gains in the past year increased from 1.9% to 2.2%, building on what was already the fastest pace of job growth in the country. While the unemployment rate remained stable, the labor force participation rate rose to 63.7%, 1.7 percentage points higher than the national level.”
In Las Vegas, employment ticked up by 1,100 jobs in February, about 0.1 percent, and is up more than 25,000 jobs compared to last year.
Reno added 1,000 jobs on the month, while Carson City shed about 200 but is still slightly above where it was a year ago.
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